Southern California Defense Blog

When a criminal defense lawyer accepts the responsibility of defending a person in court, he or she has a duty to investigate and present mitigating evidence that would assist in the defense. An investigation into the facts of the conduct is just part of the process. The lawyer should also investigate the accused background and character which could lead into areas of emotional or mental disabilities, which could result in a person being less culpable.

To establish that a lawyer has provided representation which is considered to be ineffective assistance, the defendant must demonstrate both a deficient performance and prejudice. This means the level of representation fell below a level an objective standard of reasonableness.

If you are accused of a capital crime then your lawyer should conduct an investigation into your social history and background. Moreover, there should be an inquiry into the mental health of a defendant as well. Lastly, proper representation would include an investigation into the history of the defendant’s substance abuse, if any.

If a proper investigation is not done, then you may appeal your case and potentially have your sentenced reduced based on the mitigating factors.

If you or a loved one have been accused or charged or convicted of a capital crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

When an accused violates probation many times and a judge finally has had enough and imposes a 30 days jail sentence, how much time does the law require a person to do?

The answer under California law is 15 days of actual time, or 50% of the sentence imposed.

So how does Lindsay Lohan check into the Los Angeles County Jail and check out a few hours later with her 30 days jail sentence completed?

The Los Angeles County Jail system is severely impacted due to an overflow of persons serving time. While it is not uncommon for a prisoner to be released after such a short period of time in LA county, for Lohan to be released after a few hours, after a tremendous amount of publicity, sends a dangerous message to others who will not be so lucky.

In every county in Southern California, other than Los Angeles County, if you are sentenced to jail time you will do 50% of the sentence imposed by the court. In some cases in Los Angeles, depending upon the “inmate count” and “other factors” you may be released early.

So if you commit a crime outside of LA county and are not often featured on TMZ or other similar “celebrity television programs” don’t expect to be as lucky as Lindsay Lohan.

The real question is what will the judge have to do if Ms. Lohan once again violates her probation. According to the judge, if she doesn't explicitly follow the new terms of her probation, Lohan will be sentenced to 270 days, and will have to serve a minimum of 20% of that sentence, or 54 days in jail.

Medical Parole- Adds Pen. Code § 2065, and adds Title 2.3 (commencing with § 3550) to Pen. Code Part 3.

Governor Arnold Schwarzenegger approved a measure which will allow state prisons to release comatose and physically incapacitated inmates on medical parole. Starting in 2011, the new law will give the Department of Corrections and Rehabilitations the authority to grant medical parole to an inmate who is permanently incapacitated with a medical condition that renders him/her permanently unable to perform activities of basic daily living and requiring 24-hour care.

The option for medical parole includes a screening process to ensure that public safety is not jeopardized by the release of the inmate. Any release would have to be approved by the State Board of Parole Hearings. Prisoners sentenced to death or life in prison without the possibility of parole do not qualify.

A physician employed by the Department of Corrections and Rehabilitation who is the primary caregiver of the prisoner, can refer the inmate to the Board of Parole Hearings for consideration, provided that the physician believes that the medical criteria are met.

If you or a loved one is currently serving a sentence and believe that medical parole is an option, you should contact the attorneys at Wallin & Klarich immediately. Our attorneys have over 30 years of experience. We have the skill and the knowledge to work with the prisons for this kind of legal matter. The attorneys at Wallin & Klarich can be reached by phone at 1-888-749-0034 or through our website www.wklaw.com.

Can my Criminal Defense Attorney Help me Serve my Jail Time in Home Detention?

The answer to this will depend on whether you make the sound decision to retain the legal services of a knowledgeable, reputable and experienced criminal defense attorney in California at Wallin and Klarich.

Voluntary Home Detention Programs are generally available to low-risk defendants committed to jail, or defendants participating in a work furlough program. These defendants may participate in a home detention program during their sentence instead of confinement in county jail. (See Pen C §1203.016).

A defendant must be approved for the program by the correctional administrator in charge of the program. The court may restrict or deny a defendant’s participation in the program.

Involuntary Home Detention Programs exist where the correctional administrator determines that conditions in the jail facility warrant early release of misdemeanor defendants due to the lack of jail space. The county board of supervisors may authorize the correctional administrator to require defendants to participate in an involuntary home detention program during their sentence.

If you have any questions about home detention, house arrest, electric monitoring or any other alternative California sentence modification options, immediately call Wallin and Klarich at 1-888-280-6839, or visit our website at www.wklaw.com.